The briefing is all completed and now it is in the hands of the Supreme Court whether they will review the 9th Circuit decision upholding the Arizona retail shipping law or the 7th Circuit decision upholding the Indiana shipping law. The briefs of interested parties on the Arizona case can be found here. The briefs…Read More
Supreme Court Slated to Decide Whether to Take Two Alcohol Retail Shipping Cases Next Week
May 6, 2026 21st Amendment All Supreme Court
6th Circuit Reverses District Court Ruling for Ohio in Retail Shipping Challenge
May 6, 2026 21st Amendment Alcohol Regulation All Supreme Court
In the classic cartoon Peanuts there is a recurring storyline of Charlie Brown attempting to kick a football being held by Lucy only to have pull it away at the last second. A panel of 6th Circuit judges apparently enjoy the Lucy role and are trying to turn Ohio into Charlie Brown. After previously considering…Read More
Circuit Courts Split on Federal Home Distilling Ban
April 23, 2026 All
Two federal circuit courts have recently considered challenges to the 1868 law banning home distilling. One court has struck down the ban, while another court has upheld it. This issue is part of a running national debate about the scope of the powers of Congress to regulate commerce and taxation and will be appealed to…Read More
New Lawsuit Filed in California Related to Winery Sales to Retailers
February 26, 2026 All
A new lawsuit has been filed in federal court in the Eastern District of California by an Illinois winery and a California retailer claiming that California law impermissibly favors California wineries over out of state wineries. The lawsuit alleges that the California laws violate the dormant Commerce Clause and the Privileges and Immunities Clause of…Read More
Maryland Beer Delivery Law Struck as Facially Discriminatory
February 26, 2026 All
Maryland has a law that was passed during the COVID situation to allow Maryland brewers to deliver beer to consumers using their own trucks. Out of state brewers were not afforded comparable privileges. A Washington brewery, a Pennsylvania brewery, and a Maryland consumer brought a lawsuit to challenge the Maryland law. The state of Maryland…Read More
